Dealer wants vehicle back, they don't want to payoff lease agreed on contract

[txsluvly42]

I traded my lease vehicle in on Labor Day. The banks were not open and they said this would not be a problem. The contract I signed
was for them to pay $1600 payoff on lease trade in and I pay $18,900 on four year loan for new vehicle. They called me at 5:30 p.m. today and said I either pay the $1600 to my last finance company or bring the vehicle back and pick up my old lease. I am confused!
They said they did not have the money to payoff. I said I don't understand, this was in the contract. The Finance Manager then said, we cannot sell your old vehicle at the price we thought we could. He said my loan was approved after being denied by four other banks for slow pay. He finally says the name of the bank that approved it, which is the same name I signed papers with initially.
I am terrified as what to do, they are giving me until noon tomorrow to pay the money or bring the new vehicle back. This is convenient for them as they are not allowing me time to contact an attorney. HELP! Unknowing in Texas.

 

[peter]

Well a signed contract IS a signed contract...It states $1600 they will pay off the car......well tell them to sue you.

They cant do this.. IT is ILLEGAL..

So hide the car at a friends for a few days....so you can hire a lawyer.

 

[JETX]

This one is really pretty simple. The dealer has NO legal right to the car. They sold it to you (and your bank). In fact, since it has been over a week since labor day, they have probably already received and cashed the check from the financing bank, further closing any claims that they might make against your vehicle.

Basically, it sounds like they screwed up (sorry to hear that!!) and now are trying to intimidate you into paying for their mistake!
Don't fall for it!!

My suggestion: if the dealer contacts you again, advise them that you have talked with counsel who has requested that they (the dealer) contact you in writing (so that you can document their conduct) and that it be signed by a corporate officer. Also, advise them that any actions that they might be considering taking that would interfere with your right to your property will be prosecuted, both criminally and civilly.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[txsluvly42]

Thanks for the advice. I have now hired an attorney and have taken action against the dealer. I have had to hide the vehicle. This is called "spot delivery", what they have done to me and is very much illegal in the state of Texas. The state is also taking action because they broke some laws also against state law. They have to give you copies of all documents before leaving the dealer lot, which I did not receive. So people of Texas, don't ever trust a car dealer again. Watch your backside.
Thanks again everyone.